The United Nations Convention on the Rights of Persons with Disabilities

A Commentary

Author: Valentina Della Fina,Rachele Cera,Giuseppe Palmisano

Publisher: Springer

ISBN: 3319437909

Category: Law

Page: 769

View: 9825

This Commentary provides the first comprehensive legal article-by-article analysis of the provisions of the Convention on the Rights of Persons with Disabilities (CRPD). The Convention is the key international human rights instrument exclusively devoted to persons with disabilities and the centerpiece of international efforts to address inequalities and barriers they encounter to the full enjoyment of human rights. The book discusses the Convention’s position within existing international human rights law and within the framework of the United Nations measures to protect the rights of people with disabilities. Starting with the background of all the Convention’s articles, including the travaux préparatoires, this Commentary examines each provision’s substance and interpretation, and explores the significance of each right, its legal scope and relationship with other international legal norms and principles. A unique contribution also analyzes the Optional Protocol to the Convention. In addition to enriching academic studies of international human rights law, the book provides insights into the practical operation of the Convention’s provisions by assessing the practice of the CRPD Committee, the activities of relevant international and regional human rights bodies in enforcing the rights of persons with disabilities and the contracting parties’ implementation practices. Relevant European Court of Human Rights, the Court of Justice of the European Union and, if appropriate, other regional jurisdictions’ case law, as well as the jurisprudence of domestic courts, are taken into consideration. Contributions from leading scholars and international experts make this book an indispensable resource for lawyers, academics, students, journalists, international organizations, NGOs and other stakeholders wanting to better understand the rights of people with disabilities. Furthermore, it makes a valuable contribution to appraising the impact of the Convention in the legal orders of contracting parties and to charting the way forward in the protection of the rights of persons with disabilities.
Posted in Law

The Convention on the Rights of Persons with Disabilities

A Commentary

Author: Ilias Bantekas,Michael Ashley Stein,Dimitris Anastasiou

Publisher: Oxford Commentaries on Interna

ISBN: 0198810660

Category: Law

Page: 1376

View: 5867

This treatise is a detailed article-by-article examination of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Each article of the CRPD contains a methodical analysis of the preparatory works, followed by an exhaustive examination of the contents of each articlebased on case law and concluding observations from the CRPD Committee, judgments from national and international courts and tribunals, pertinent UN and other reports, the key literature on the article under review.The volume features commentary from a broad range of scholars across a variety of disciplines in order to provide a comprehensive study of the legal, psychological, education, sociological, and other aspects of the CPRD. This encyclopaedic commentary on the CRPD effectively covers all the issuesarising from international disability law and practice, and will be an ideal resource for all working in the field.
Posted in Law

The UN Convention on the Rights of Persons with Disabilities

A Commentary

Author: Ilias Bantekas,Michael Ashley Stein,Dimitris Anastasiou

Publisher: Oxford University Press

ISBN: 0192538691

Category: Law

Page: 1460

View: 8152

This treatise is a detailed article-by-article examination of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Each article of the CRPD contains a methodical analysis of the preparatory works, followed by an exhaustive examination of the contents of each article based on case law and concluding observations from the CRPD Committee, judgments from national and international courts and tribunals, pertinent UN and other reports, the key literature on the article under review. The volume features commentary from a broad range of scholars across a variety of disciplines in order to provide a comprehensive study of the legal, psychological, education, sociological, and other aspects of the CPRD. This encyclopaedic commentary on the CRPD effectively covers all the issues arising from international disability law and practice, and will be an ideal resource for all working in the field.
Posted in Law

Article 2

The Right of Non-discrimination

Author: Bruce Abramson

Publisher: BRILL

ISBN: 9004149171

Category: Law

Page: 153

View: 3703

This volume constitutes a commentary on "Article 2" of the United Nations Convention on the Rights of the Child. It is part of the series, "A Commentary on the United Nations Convention on the Rights of the Child," which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of childrena (TM)s rights, including academics, students, judges, grassroots workers, governmental, non-governmental and international officers. The series is sponsored by the "Belgian Federal Science Policy Office."
Posted in Law

International Disability Law

A Practical Approach to the United Nations Convention on the Rights of Persons with Disabilities

Author: Coomara Pyaneandee

Publisher: Routledge

ISBN: 042995185X

Category: Law

Page: 218

View: 9906

This book provides a concise guide to international disability law. It analyses the case law of the CRPD Committee and other international human rights treaty bodies, and provides commentaries on more than 50 leading cases. The author elaborates on the obligations of States Parties under the CRPD and other international treaties, while also spelling out the rights of persons with disabilities, and the different mechanisms that exist at both domestic and international levels for ensuring that those rights are respected, protected and promoted. The author also delineates the traditional differentiation between civil and political rights on the one hand, and economic, social and cultural rights on the other. He demonstrates, through analysis of the evolving case law, how the gap between these two sets of rights is gradually closing. The result is a powerful tool for political decisionmakers, academics, legal practitioners, law students, persons with disabilities and their representative organisations, human rights activists and general readers.
Posted in Law

Human Rights and Disabled Persons

Essays and Relevant Human Rights Instruments

Author: Theresia Degener,Yolan Koster-Dreese

Publisher: Martinus Nijhoff Publishers

ISBN: 0792332989

Category: Political Science

Page: 757

View: 9401

Tables I - V.
Posted in Political Science

Eine Erinnerung an Solferino

Author: Jean-Henry Dunant

Publisher: N.A

ISBN: N.A

Category: Solferino, Battle of, 1859

Page: 128

View: 9582

Posted in Solferino, Battle of, 1859

Critical Theory and Disability

A Phenomenological Approach

Author: Teodor Mladenov

Publisher: Bloomsbury Publishing USA

ISBN: 162892201X

Category: Political Science

Page: 224

View: 2981

Critical Theory and Disability explores social and ontological issues encountered by present-day disabled people, applying ideas from disability studies and phenomenology. It focuses on disabling contexts in order to highlight and criticize the ontological assumptions of contemporary society, particularly those related to the meaning of human being. In empirical terms, the book explores critically social practices that undermine disabled people's well being, drawing on cases from contemporary Bulgaria. It includes in-depth examination of key mechanisms such as disability assessment, personal assistance (direct payments) and disability-based discrimination. On this basis, wider sociological and ontological claims are made concerning the body, identity, otherness, and exclusion.
Posted in Political Science

Cluster Munitions and International Law

Disarmament With a Human Face?

Author: Alexander Breitegger

Publisher: Routledge

ISBN: 1136507183

Category: Law

Page: 288

View: 7054

This book offers a comprehensive argument for why pre-existing international law on cluster munitions was inadequate to deal with the full scope of humanitarian consequences associated with their use. The book undertakes an interdisciplinary legal analysis of restraints and prohibitions on the use of cluster munitions under international humanitarian law, human rights law, and international criminal law, as well as in relation to the recently adopted Convention on Cluster Munitions (CCM). The book goes on to offer an in-depth substantive and procedural analysis of the negotiations which led to the 2008 CCM, in part based on the author’s experiences as an adviser to Cluster Munitions Coalition-Austria. Cluster Munitions and International Law is essential reading for practitioners and scholars of International Law, including International Humanitarian, Human Rights, International Criminal or Disarmament Law and anyone interested in legal and humanitarian perspectives on cluster munitions legislation and policy. It is unique in bringing a practitioner’s perspective to a scholarly work.
Posted in Law

A Commentary on the Paris Principles on National Human Rights Institutions

Author: Gauthier de Beco,Rachel Murray

Publisher: Cambridge University Press

ISBN: 1316123510

Category: Political Science

Page: N.A

View: 2588

The Principles relating to the Status of National Institutions (the Paris Principles) were adopted by National Human Rights Institutions (NHRIs) and endorsed by both the UN General Assembly and Human Rights Commission. Since their adoption, they have become the standards applicable to these institutions with a mandate to promote and protect human rights. This book offers a complete study of the Paris Principles, which includes an appraisal of their establishment, evolution and potential for the future; a comprehensive commentary on each provision; and a practical guide to their interpretation, including the implications they have for the implementation of the competencies of NHRIs. This is the first book to thoroughly analyse the Paris Principles and will be essential reading for a global audience of both practitioners working for NHRIs and the UN as well as human rights scholars.
Posted in Political Science

International Human Rights Law

Cases, Materials, Commentary

Author: Olivier De Schutter

Publisher: Cambridge University Press

ISBN: 1107063752

Category: Law

Page: 1124

View: 652

Fully updated edition offers coverage of new topics and a more student-friendly design, while retaining the original style and features.
Posted in Law

The Rio Declaration on Environment and Development

A Commentary

Author: Jorge E. Viñuales

Publisher: OUP Oxford

ISBN: 0191510424

Category: Law

Page: 530

View: 8234

The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.
Posted in Law

Internationales Wirtschaftsrecht

Ein Studienbuch

Author: Matthias Herdegen

Publisher: N.A

ISBN: 9783406647406

Category: Commercial law

Page: 404

View: 9258

Posted in Commercial law

The EU Charter of Fundamental Rights

A Commentary

Author: Steve Peers,Tamara Hervey,Jeff Kenner,Angela Ward

Publisher: Bloomsbury Publishing

ISBN: 1782251820

Category: Law

Page: 1865

View: 9007

The Charter of Fundamental Rights of the European Union enshrines the key political, social and economic rights of EU citizens and residents in EU law. In its present form it was approved in 2000 by the European Parliament, the Council of Ministers and the European Commission. However its legal status remained uncertain until the entry into force of the Treaty of Lisbon in December 2009. The Charter obliges the EU to act and legislate consistently with the Charter, and enables the EU's courts to strike down EU legislation which contravenes it. The Charter applies to EU Member States when they are implementing EU law but does not extend the competences of the EU beyond the competences given to it in the treaties. This Commentary on the Charter, the first in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. Six cross-cutting introductory chapters explain the Charter's institutional anchorage, its relationship to the Fundamental Rights Agency, its interaction with other parts of international human rights law, the enforcement mechanisms, extraterritorial scope, and the all-important 'Explanations'.
Posted in Law

Europäisches Wirtschaftsrecht

Author: Wolfgang Kilian,L. L. M. Wendt,Domenik Henning Wendt

Publisher: Nomos Verlagsgesellschaft

ISBN: 9783848743353

Category: Commercial law

Page: 507

View: 7130

Alle Prufungsordnungen im Bereich des Wirtschaftsrechts verlangen Kenntnisse uber die "Bezuge" zum Recht der Europaischen Union. Fur Studierende und Praktiker, die sich vertieft mit den Inhalten der wirtschaftsrechtlichen Teilgebiete im Binnenmarkt (wie Wettbewerbsrecht, Kapitalmarktrecht, Privatversicherungsrecht, Informationstechnologierecht, Gewerblicher Rechtsschutz, Urheberrecht, Gesellschaftsrecht, Arbeitsrecht) befassen, sind genauere Kenntnisse uber Gesetzgebung und Rechtsprechung zum harmonisierten europaischen Recht und uber die Anpassungen im nationalen Recht erforderlich. Diese Kenntnisse und Zusammenhange vermittelt die nunmehr 5. Auflage zuverlassig nicht nur durch Ubersichten, grafische Darstellungen und inhaltliche Erlauterungen zu den europaischen Rechtsakten, sondern zugleich durch Verknupfungen mit den theoretischen Grundlagen und Prinzipien des Binnenmarktes. Die Leitentscheidungen des Europaischen Gerichtshofs werden einbezogen.
Posted in Commercial law